New Clause 38 - Suspected residential tenancy: warrant authorising entry

Renters (Reform) Bill – in a Public Bill Committee at 3:00 pm on 28 November 2023.

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“A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—

(a) that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority,

(b) that there are reasonable grounds for suspecting that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 23),

(c) that it is necessary for the officer to inspect the premises for the purpose of investigating whether there has been, in relation to the premises, a breach or an offence mentioned in section (

(d) that—

(i) admission to the premises has been sought for the purposes of entry under section (Suspected residential tenancy: entry without warrant)(1) but has been refused,

(ii) that no occupier is present and it might defeat the purpose of the entry to await their return, or

(iii) that application for admission would defeat the purpose of the entry.”—(Jacob Young.)

This new clause allows local housing authorities to obtain a warrant to enter by force premises reasonably suspected to be subject to a residential tenancy, in order to inspect the premises to investigate whether there has been certain kinds of unlawful conduct in relation to them.

Brought up, read the First and Second time, and added to the Bill.